HELP - Need insurance claim advice following scuba incident

[tursiops]

Perhaps. But determining this would require knowledge of the exact wording of the contract and a deep understanding of applicable common law, statutory law and relevant regulations.

In post #3 she said:

My insurance policy is with Axa and I am covered under an instructor led dive up to 15m.

 

[LI-er]

Unfortunately I won't ever dive again, by the time I surfaced I couldn't breathe and that sensation is not one I want to experience again. I've been checked over and told there is no reason why I couldn't dive again but I'm too traumatised.

Live life or life lives you.

I just made that up

 

[Allen-1]

Thank you!



Thanks for that, that information was new, the email had only just come through. I thought this might be a helpful forum but clearly just full of clever people

It's a forum on the internet. Lot of very smart, very helpful people here - and some not so. Parse through the responses, evaluate them, use what you can, ignore the others. Be careful in ignoring posts simply because you don't like the "tone", they may contain valid information.

 

[lowwall]

Perhaps. But determining this would require knowledge of the exact wording of the contract and a deep understanding of applicable common law, statutory law and relevant regulations.

In post #3 she said:

My insurance policy is with Axa and I am covered under an instructor led dive up to 15m.

Are you playing some sort of rhetorical game?

Or can you really not tell the difference between a non-lawyers's shorthand summary of a contract provision and a fully informed legal opinion?

@MountainGirl1980 , as a scubaboard contributors, I'd like to apologize on behalf of many of my fellows for tursiops' responses on this thread. He delights on pointing out the errors of others. In his defense, he's mostly correct and there's often value in the points he highlights. However, I do not believe that is the case here.

 

[tursiops]

Are you playing some sort of rhetorical game?

Or can you really not tell the difference between a non-lawyers's shorthand summary of a contract provision and a fully informed legal opinion?

@MountainGirl1980 , as a scubaboard contributors, I'd like to apologize on behalf of many of my fellows for tursiops' responses on this thread. He delights on pointing out the errors of others. In his defense, he's mostly correct and there's often value in the points he highlights. However, I do not believe that is the case here.

LOL. I choose to believe what she says. You clearly don't.
You can, by the way, stuff your "fully informed legal opinion" for this case of a dive operator in Spain defrauding an uncertified diver in the UK.

 

[lowwall]

LOL. I choose to believe what she says. You clearly don't.
You can, by the way, stuff your "fully informed legal opinion" for this case of a die operator in Spain defrauding an uncertified diver in the UK.

Let me clarify. I'm not giving a fully informed legal opinion, I was explaining what was required to be able to give one.

But determining this would require knowledge of the exact wording of the contract and a deep understanding of applicable common law, statutory law and relevant regulations.

FWIW, I'm not a lawyer, but I do research for a law firm every day and occasionally draft sections of briefs and contracts for them. I've long gotten over my surprise that what you would think is clear meaning of a phrase is anything but.

 

[runsongas]

@MountainGirl1980 there pretty much is nothing we can do for you if the issue is that your insurance wants confirmation it was a supervised dive within the 15m limit and you can't get the dive shop/instructor to assert that was the case. at that point, you are pretty much at the mercy of the insurance co.

 

[tursiops]

@MountainGirl1980 there pretty much is nothing we can do for you if the issue is that your insurance wants confirmation it was a supervised dive within the 15m limit and you can't get the dive shop/instructor to assert that was the case. at that point, you are pretty much at the mercy of the insurance co.

Based on the dive operator's website, it looks like pure fraud on his part. That brings in a very different dimension, but the insurance company probably doesn't care.

 

[Edward3c]

Unfortunately I won't ever dive again, by the time I surfaced I couldn't breathe and that sensation is not one I want to experience again. I've been checked over and told there is no reason why I couldn't dive again but I'm too traumatised.

If you ever change you mind consider visiting a BSAC club in your area where you’ll get advice on training and dive insurance, which is additional to travel insurance.

 

[Edward3c]

Based on the dive operator's website, it looks like pure fraud on his part. That brings in a very different dimension, but the insurance company probably doesn't care.

Spot on. The same company, from what I remember, wouldn’t pay out for chamber treatments in Egypt because the client went deeper than their qualification. They had to sell their house to get home.